I do not think that it would be appropriate for me to respond to that point. Clearly, no Member will say that they are in favour of unnecessarily burdensome form-filling. That is my view, and I am sure that it is the view of every other Member in the Chamber.
The hon. Member for Hendon (Mr. Dismore) eloquently set out the reasons why the JCHR has come up with a much more detailed series of amendments on the appropriate judicial oversight as well as the right to legal representation. The Minister has highlighted a point in the JCHR proposals that might require some refinement. Will requiring the presence of a defendant's lawyer mean that there will be a loophole that people can use? That might need some refinement.
We are glad that the Government have taken on board so many of the points raised in Committee and brought forward amendments that introduce proper safeguards for post-charge questioning. We accept that that is not a cure-all, but it is important that that type of questioning does not become a form of intimidation—especially in terrorist investigations, where the evidence thresholds are lower.
Finally, we support the cross-party consensus on this matter. Such a consensus does not always arise, but there is a strict order of preference among the amendments on which we might vote today. If the hon. Member for Hendon is inclined to press his proposals to a vote, we would be keen to support them, but we would be equally happy to support the Conservative amendments. If we are left with only the Government amendments, we accept that they make a contribution and we would be comfortable about supporting them as well.
Counter-Terrorism Bill (Programme) (No. 2)
Proceeding contribution from
Tom Brake
(Liberal Democrat)
in the House of Commons on Tuesday, 10 June 2008.
It occurred during Debate on bills on Counter-Terrorism Bill (Programme) (No. 2).
Type
Proceeding contribution
Reference
477 c192-3 
Session
2007-08
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